Applying for regularisation after a past refusal or expulsion order

Terms used

• Recurso de reposición — The recurso de reposición is an appeal filed with the same office that refused you, asking it to reconsider.
• Prohibición de entrada — The prohibición de entrada is a ban on entering Spain, set in an expulsion or return decision for a fixed period.
• Oficina de Extranjería — The Oficina de Extranjería is the local immigration office that handles residence applications and holds your immigration file.
• Arraigo — Arraigo is a route to residence for people already in Spain who can show ties to the country.

Key rules

• Active order: An expulsion order that is still in force normally blocks residence under arraigo.
• Cancelled or expired order: An order that was cancelled, has expired or was replaced by a fine does not block you.
• Entry ban: An entry ban blocks an application while it lasts, so check whether you have one.
• Earlier refusal: A refusal does not itself stop a new application under a different route.
• Check first: Find out the status of your file before you apply.

Does a past refusal or order block you?

It depends on the type of decision and whether it is still in force. An old decision that has been cancelled, has expired or was replaced by a fine does not block you. One that is still active usually does. The immigration office decides each case, so get legal advice before you file.

An earlier refusal

A refused residence application does not by itself stop you applying again. Each route is judged on its own requirements. If you meet the requirements of a different route, you can file a new application under it.

A refusal does not create an entry ban. But if you are in Spain without legal status, a sanction procedure may follow. That is why you should not leave the situation unaddressed.

You can challenge a refusal in two ways:

• A recurso de reposición, filed with the same office, within one month.
• A contentious-administrative appeal in court, within two months.

The timeline below helps you choose between challenging the refusal and applying again under another route.

An expulsion order

An expulsion order that is still valid and has not been carried out normally blocks residence under arraigo. This route requires a clean record and no ban on entry.

An order does not block you if it was cancelled, has expired or was replaced by a fine. If yours is still in force, you may need to appeal it or ask for it to be revoked. A lawyer can tell you which.

An entry ban

An entry ban (prohibición de entrada) usually comes with an expulsion or a return. While it lasts, it blocks a residence application.

• The decision sets the length. It is up to five years in ordinary cases and up to ten years where there is a serious threat to public order or security.
• The time normally runs from your departure or from the date in the decision.
• It can apply across the whole Schengen area, not only in Spain, when it is entered in the Schengen information system.
• It can be challenged, and in exceptional cases lifted on humanitarian grounds.

How to check your own case

Do this before you apply. You may not know about an order, for example if a letter never reached you.

1. Send a written request for information on your file to the Oficina de Extranjería or the Delegación or Subdelegación del Gobierno where you lived.
2. Check your case on the electronic portal if you have a digital certificate.
3. Look through past notifications. When a letter could not be delivered, the notice may have been published in the official bulletin.
4. Ask a lawyer to request your file and confirm the status of any order, including the police records.
5. Ask a consulate or the police whether an entry ban is registered against you.

The checklist below covers the same steps in order.

What to do with the result

• Nothing active on your file: you can apply under the route that fits you.
• A cancelled, expired or fine-only order: keep proof of that, and apply.
• An order or ban still in force: speak to a lawyer first about an appeal or revocation. Applying without doing this risks another refusal.

Timeline and deadlines

• Decide whether to challenge the refusal or apply under a different route: as soon as you receive the refusal

• File an appeal to the same office (recurso de reposición): within 1 month of the refusal

• Bring a contentious-administrative appeal in court instead: within 2 months of the refusal

• File a new application under a different route if you meet its requirements: once you meet the new route's requirements

Checklist

• Send a written request for information on your file to the immigration office (Oficina de Extranjería) or the government delegation or sub-delegation where you lived.

• Look through past notifications, including public notices in the official bulletin, which are used when a letter could not be delivered.

• Find out whether any expulsion order was cancelled, has expired or was replaced by a fine, because then it does not block you.

• Ask for an appeal or a request to revoke the order if it is still in force.

Check the current way to request your file with the immigration office or government sub-delegation that handled your case.

What to watch out for

• An order still in force can block your application: An expulsion order that is still valid and has not been carried out normally stops you getting residence through arraigo, because the rules require a clean record and no ban on entry. An order that was cancelled, has expired or was replaced by a fine does not block you. Find out the status of any order before you apply, and ask a lawyer about an appeal or a request to revoke it if it is still in force.

• An entry ban blocks you while it lasts: An entry ban imposed with an expulsion or return generally blocks a residence application while it is in force. It lasts up to five years in ordinary cases and up to ten years for serious threats to public order or security. Check the length set in your decision and ask a lawyer whether it can be challenged or lifted on humanitarian grounds.

• An earlier refusal can lead to a sanction procedure: A refusal does not create an entry ban, but if you are in irregular status, a sanction procedure may follow it. Do not ignore the refusal: act within the appeal deadlines and speak to a lawyer.

Frequently asked questions

Can I apply under a different route after my residence application was refused?

Yes, an earlier refusal does not by itself stop you applying again under a different route, because each route is assessed on its own requirements. A refusal does not create an entry ban. You need to meet the new route's requirements in full.

How long do I have to challenge a refusal?

You have one month to file an appeal to the same office (recurso de reposición), or two months to bring a contentious-administrative appeal in court. You can also file a new application under a valid route instead of appealing.

How long does an entry ban last?

An entry ban lasts for the period set in the decision, up to five years in ordinary cases and up to ten years for serious threats to public order or security. The time runs from your departure or the date set in the decision. It can be challenged, or lifted exceptionally on humanitarian grounds.

Does an entry ban only apply in Spain?

No, an entry ban can apply across the whole Schengen area when it is entered in the Schengen information system. Ask a lawyer or the police to confirm whether yours is registered there.